Gebäudetyp E: Investoren sind genervt: Gesetzentwurf für einfacheres Bauen verzögert sich

On July 7th, it appeared to be a good day for the real estate and construction sectors. Federal Building Minister Verena Hubertz and Justice Minister Stefanie Hubig announced that the draft for Gebäudetyp E would be ready. The industry had long awaited the implementation of plans that would enable simpler, yet legally sound construction.

The draft aimed to allow forgoing costly comfort and amenity standards without being deemed a deficiency or facing lawsuits. However, more than two months after the announcement, the draft remained stuck within the government. Nordrhein-Westfalen's Minister of Building Affairs, Ina Scharrenbach, called for speed, stating "Announcements had been enough; on the playing field, nothing had been achieved so far" according to the Handelsblatt.

After the federal ministerial conference in Berlin, she had said "We hope that by the end of the year, we will receive a draft from the federal government, so that construction gets a perspective." According to Hubertz, the draft is in early coordination between the Chancellery, the Finance Ministry, and the Federal Ministry of Justice.

After that, it would go to the departmental deliberation and "then be made available to the states," she said at the end of the ministerial conference. She tempered rapid expectations, noting that the timing of the release of draft laws is difficult to predict precisely. It was "a bit like at sea or in court," she said. The draft would incorporate perspectives from practice and must be made legally sound, Hubertz added.

That is not trivial. The Justice Ministry reiterated on Monday a statement made in August that the preliminary draft for Gebäudetyp E is ready and is in the government's internal deliberation. Minister Scharrenbach noted that North Rhine-Westphalia had significantly streamlined regulations in construction. It was now up to Berlin to finally get things moving, she said.

At the core, it was about legal certainty and liability under the Civil Code (BGB). "The decisive point is that civil law should be more closely linked to the construction regulatory requirements," Scharrenbach said. "Civilly, one should be liable for what is required by the construction regulatory obligations." Specifically, this meant that if a building met legal requirements and was safe, deviations from additional technical standards should not automatically result in a civil liability risk, Scharrenbach explained.

Frustration among investors Many construction standards are not mandatory, but they are considered "recognized technical rules" and are implemented out of fear of lawsuits if not followed. This is expected to change with Gebäudetyp E. Construction entrepreneur and president of the Federation of Free Real Estate and Housing Companies, Dirk Salewski, criticized the sluggish legislative process.

The Gebäudetyp E was a "small ray of hope" to reduce high construction costs, he told the Handelsblatt. With falling interest rates or a rapid end to global crises not to be expected, it was imperative to reduce high construction standards. According to the German Association of the Real Estate Industry (BID), which includes numerous associations, Gebäudetyp E could reduce construction costs by up to 25 percent.

Currently, average construction costs stand at around €4,500 per square meter, leading to rents of at least €20 per square meter. "This vicious circle can be broken by the Gebäudetyp E."